M.Anbalaghan v. The District Collector / Sole Arbitrator

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM M. Anbalaghan ... Petitioner Vs.

1. The District Collector/Sole Arbitrator, Dharmapuri District, Collectorate Complex, Dharmapuri - 636 705.

2. Competent Authority & Special District Revenue Officer - Land Acquisition, National Highways - 844, (Hosur - Royakottai - Dharmapuri Section) Dharmapuri.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent authority to act upon the petitioner's claim petition filed under Section 3G(5) of the National Highways Act, 1956, dated 07.02.2023 for enhancement of compensation and grant the petitioner herein adequate opportunity as contemplated under the Arbitration and Conciliation Act 1996 by providing copies of the following

(1) Defence statement of the 2nd respondent and reasonable time to file a reply statement

(2) Copies of last three years sale statistics in respect of the locality and revenue village in which the petitioner's land is situated, obtained from the Registration Department

(3) Copies of all records relied upon by the 2nd respondent for passing the award under Section 3G(1) of the National Highways Act, 1956,

(4) strictly follow the provisions of Sections 26 to 30 and procedure contemplated in First Schedule of the Central Act 30 of 2013 and grant opportunity to the petitioner for filing further written submissions and thereafter pass final award under Section 3G(5) of the National Highways Act, 1956 for determining the compensation for the land measuring 536 sq.mtrs. (13.25 cents) in S.No.418/3B1 and 171 sq.mtrs. (4.25 cents) in S.No.418/4A1B in all measuring 17.5 cents situated in A.Reddihalli Village, Dharmapuri Taluk, covered in joint patta No.1241. For Petitioner : Mrs. T.Sarala for Mr. S.Thanka Sivan For Respondent : Mr. G.Krishna Raja, Additional Government Pleader

O R D E R

Today, when the matter is taken up for hearing, learned counsel for the petitioner seeks permission of this Court to withdraw this Writ Petition and she has also made an endorsement to that effect.

2. In view of the endorsement made by the learned counsel for the petitioner, the Writ Petition stands dismissed as withdrawn. However, there shall be no order as to costs.

07.06.2023 skr Index : Yes / No Speaking order / Non-speaking order To

1. The District Collector/Sole Arbitrator, Dharmapuri District, Collectorate Complex, Dharmapuri - 636 705.

2. Competent Authority & Special District Revenue Officer - Land Acquisition, National Highways - 844, (Hosur - Royakottai - Dharmapuri Section) Dharmapuri.

S.M.SUBRAMANIAM, J.

skr 07.06.2023